Terms Used In Utah Code > Title 13 > Chapter 25a - Telephone and Facsimile Solicitation Act

• Active criminal investigation: means an officer has documented reasonable suspicion that a crime is being or has been committed, and believes the suspected criminal activity may be connected to a vehicle, a registered owner of a vehicle, or an occupant of a vehicle. See Utah Code 41-6a-2002 v2
• Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
            (1)(a)(i) the owners of the new generating unit are the same as or different from the owner of the project; and
            (1)(a)(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102
• Alimony: means the same as that term is defined in Section 81-4-101. See Utah Code 81-7-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Automated telephone dialing system: means equipment used to:
            (2)(a)(i) store or produce telephone numbers;
            (2)(a)(ii) call a stored or produced number; and
            (2)(a)(iii) connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102
• Automatic license plate reader system: means a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert an image of a license plate into computer-readable data. See Utah Code 41-6a-2002
• Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• Captured plate data: means the global positioning system coordinates, date and time, photograph, license plate number, and any other data captured by or derived from an automatic license plate reader system. See Utah Code 41-6a-2002
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
• Child restraint device: means a child restraint device that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
• Child support: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
• Child support services: means the same as that term is defined in Section 26B-9-101. See Utah Code 81-7-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Court: means :
       (2)(a) a judge; or
       (2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-6a-102
• Department: means the Department of Public Safety. See Utah Code 41-12a-103
• Division: means the Division of Consumer Protection. See Utah Code 13-25a-102
• Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103
• Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
            (9)(b)(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or
            (9)(b)(ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103
• Facsimile machine: means equipment used for:
       (5)(a) scanning or encoding text or images for conversion into electronic signals for transmission; or
       (5)(b) receiving electronic signals and reproducing them as a duplicate of the original text or image. See Utah Code 13-25a-102
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
• Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
• Governmental entity: includes :
            (3)(b)(i) every office, agency, board, bureau, committee, department, advisory board, or commission of an entity listed in Subsections (3)(a)(i) through (xviii) that is funded or established by the government to carry out the public's business; or
            (3)(b)(ii) a person acting as an agent of a governmental entity or acting on behalf of a governmental entity. See Utah Code 41-6a-2002
• Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interlocal entity: means :
       (12)(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
       (12)(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
• Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103
• Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Judgment: means any judgment that is final by:
       (2)(a) expiration without appeal of the time within which an appeal might have been perfected; or
       (2)(b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:

            (2)(b)(i) arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or

            (2)(b)(ii) on a settlement agreement. See Utah Code 41-12a-103
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
• Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
• Motor vehicle: means a vehicle defined in Section 41-1a-102, except vehicles that are not equipped with safety belts by the manufacturer. See Utah Code 41-6a-1802
• Negative response: means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call. See Utah Code 13-25a-102
• Nongovernmental entity: means a person that is not a governmental entity. See Utah Code 41-6a-2002
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Obligee: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
• Obligor: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
• On-call emergency provider: means an individual who is required by an employer to be on call to respond to a medical emergency. See Utah Code 13-25a-102
• Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
• Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means :
       (8)(a) a person who holds legal title to a motor vehicle;
       (8)(b) a lessee in possession;
       (8)(c) a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
       (8)(d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
• parking: means the standing of a vehicle, whether the vehicle is occupied or not. See Utah Code 41-6a-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
• Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project: includes a project entity's ownership interest in:
            (17)(b)(i) facilities that provide additional project capacity;
            (17)(b)(ii) facilities providing replacement project capacity;
            (17)(b)(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
            (17)(b)(iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
• Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public agency: means :
       (19)(a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
       (19)(b) the state or any department, division, or agency of the state;
       (19)(c) any agency of the United States;
       (19)(d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
       (19)(e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
• Qualified energy services interlocal entity: means an energy services interlocal entity that at the time that the energy services interlocal entity acquires its interest in facilities providing additional project capacity has at least five members that are Utah public agencies. See Utah Code 11-13-103
• Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103
• Replacement project capacity: means electric generating capacity or transmission capacity that:
       (21)(a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and
       (21)(b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:

            (21)(b)(i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;

            (21)(b)(ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or

            (21)(b)(iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Road: includes :
       (33)(a) a public bridge;
       (33)(b) a county way;
       (33)(c) a county road;
       (33)(d) a common road; and
       (33)(e) a state road. See Utah Code 68-3-12.5
• Safety belt: means a safety belt or seat belt system that meets standards adopted under Section 41-6a-1601. See Utah Code 41-6a-1802
• Secured area: means an area, enclosed by clear boundaries, to which access is limited and not open to the public and entry is only obtainable through specific access-control points. See Utah Code 41-6a-2002
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Support order: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
• Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
       (8)(a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
       (8)(b) soliciting a sale of or extension of credit for property or services to the person called;
       (8)(c) soliciting information that will be used for:

            (8)(c)(i) the direct solicitation of a sale of property or services to the person called; or

            (8)(c)(ii) an extension of credit to the person called for a sale of property or services;
       (8)(d) soliciting a charitable contribution; or
       (8)(e) encouraging the person called to sell real or personal property. See Utah Code 13-25a-102
• Telephone solicitor: means an individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Traffic: means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for the purpose of travel. See Utah Code 41-6a-102
• Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103
• Tribunal: means the same as that term is defined in Section 81-6-101. See Utah Code 81-7-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
       (10)(a) in response to an express request of the person called;
       (10)(b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
       (10)(c) to a person with whom the telephone solicitor has an established business relationship; or
       (10)(d) as required by law for a medical purpose. See Utah Code 13-25a-102
• Utah public agency: means a public agency under Subsection (19)(a) or (b). See Utah Code 11-13-103
• Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5